Wood v. Cosby
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Jane F. Cosby, the surviving widow of A. Y. Cosby, deceased, against Willis C. Wood and another; was commenced on the 21st February, 1884, and was founded on the defendants’ promissory note for $668.26, which was dated October 21st, 1882, .and payable on the 1st October, 1883, “to the order of A. Y. Cosby, or bearer.”
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Jane F. Cosby, the surviving widow of A. Y. Cosby, deceased, against Willis C. Wood and another; was commenced on the 21st February, 1884, and was founded on the defendants’ promissory note for $668.26, which was dated October 21st, 1882, .and payable on the 1st October, 1883, “to the order of A. Y. Cosby, or bearer.” The defendant 'interposed a special plea, verified by affidavit, alleging that the note sued on “is not the property of the plaintiff, but is a part of the assets of the…
1Opinion of the CourtSomeryille, J.
— While the recognized rule of the common law was, that an executor derived his authority exclusively from the will — the probate of the instrument being requisite solely to establish its genuineness — the settled rule in this State is, that letters testamentary must always be granted, before an -executor is legally invested with any authority over the assets of the testator’s estate. — Gardner v. Gantt, 19 Ala. 666 ; Cleveland v. Chandler, 3 Stew. 489.
The principle is equally familiar, that the executor, or other personal representative, is the person in whom vests the legal title of the…
2Cases cited6 opinions
- Carter v. OwensSupreme Court of Alabama · 1867
- Gardner v. GanttSupreme Court of Alabama · 1851
- Huddleston v. HueySupreme Court of Alabama · 1882
- Cleveland v. ChandlerSupreme Court of Alabama · 1831
- Kelly's Adm'r v. Kelly's DistributeesSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Strickland v. MOBILE TOWING AND WRECKING CO., INC.Supreme Court of Alabama · 1974
- Mancill v. ThomasSupreme Court of Alabama · 1927
- Ryall v. PrinceSupreme Court of Alabama · 1886
- DeBardelaben v. StoudenmireSupreme Court of Alabama · 1886
- Byrd v. &198tna Life Ins. Co.Alabama Court of Appeals · 1933
3 more not listed; retrieve them via the Exa API.